We trust medical professionals with our lives. We trust them to follow safety protocols, to diagnose us correctly, and to fix us when we are broken. When that trust is violated by negligence, the results are often catastrophic—life-altering injuries, permanent disability, or the wrongful death of a loved one.
If you have been harmed by a doctor, nurse, or hospital in California, you are likely facing a massive corporate machine. Hospitals and their insurance carriers are aggressive. They have teams of defense lawyers whose only job is to deny that a mistake happened and bury your claim in paperwork. You need a team that fights harder.
At Haffner Lawyers, we focus on complex medical malpractice litigation as well as personal injury. We have the resources to hire top-tier medical professionals, the experience to navigate California’s changing laws (AB 35), and the tenacity to take billion-dollar healthcare systems to trial.
Why You Need a Medical Malpractice Lawyer
Medical malpractice is the most complex area of personal injury law. It is not enough to show you were hurt; you must prove the doctor violated the “Standard of Care.” You cannot do this alone.
We Have the Medical Network
A general personal injury lawyer cannot handle these cases. You need a firm with access to board-certified medical specialists who can testify that your doctor was negligent. We have built that network over years of litigation.
The New Compensation Limits (AB 35)
For decades, California victims were hurt by an outdated law called MICRA, which capped “pain and suffering” damages at just $250,000. This meant that no matter how severe your injury, the insurance company’s liability was strictly limited.
That has changed.
Under the new Fairness for Injured Patients Act (AB 35), the caps on non-economic damages have significantly increased as of 2025.
- Injury Cases: The cap is now $430,000 (increasing annually to $750,000).
- Wrongful Death: The cap is now $600,000 (increasing annually to $1 million).
- Multiple Caps: In cases involving multiple negligent parties (e.g., a doctor AND a hospital), you may be able to stack these caps, potentially recovering significantly more.
Note: There is NO CAP on Economic Damages. We fight for unlimited recovery for your past and future medical bills, lost wages, and lifetime care costs.
Medical Malpractice Cases We Handle
Medical negligence can happen in any setting, from the emergency room to the pharmacy. We handle the full spectrum of liability cases.
Surgical Errors
Surgeons operate under high pressure, but “never events” are inexcusable. We handle cases involving wrong-site surgery, anesthesia errors, accidental perforation of organs, and leaving surgical instruments inside the body.
Misdiagnosis & Delayed Diagnosis
When a doctor dismisses your symptoms or fails to order standard tests, treatable conditions can become fatal. We represent clients who suffered due to missed diagnoses of cancer, heart attacks, strokes, and infections.
Birth Injuries
The birth of a child should be joyous, not tragic. If negligence during labor or delivery caused Oxygen Deprivation (Hypoxia), Cerebral Palsy, Erb’s Palsy, or Shoulder Dystocia, we fight for the lifetime of care your child will need.
Medication Errors
Preventable mistakes involving prescription drugs are shockingly common. This includes prescribing the wrong medication, administering the incorrect dosage, or failing to check for dangerous drug interactions.
Hospital Negligence
Sometimes the fault lies with the facility itself. We hold hospitals accountable for understaffing, inadequate training, unsanitary conditions leading to infections, and patient falls.
What Is "Standard of Care"?
To win your case, we must prove more than just a bad outcome. Medicine is not an exact science. However, we must prove that your provider failed the Standard of Care.
This is defined as the level of skill and caution that a reasonably competent healthcare professional would have used under similar circumstances.
- Example: If 99 out of 100 cardiologists would have recognized the signs of your heart attack, and your doctor sent you home with heartburn medication, they breached the standard of care.
The "1-Year Rule": California’s Strict Deadline
In medical malpractice, time is your enemy. California has a very complex Statute of Limitations.
Generally, you must file a lawsuit within:
- One Year from the date you discovered (or should have discovered) the injury, OR
- Three Years from the date the injury occurred.
Whichever comes FIRST.
Example: If a surgeon leaves a sponge in your body, but you don’t find it until 2 years later, you have one year from that discovery to file. If you find it 4 years later, you may be barred from suing entirely (with very few exceptions).
Do not wait. If you suspect something went wrong, contact us immediately to preserve your rights.
The Claims Process: How We Build Your Case
- Investigation & Review: We gather your medical records and have them reviewed by a trusted medical professionals to confirm negligence.
- Notice of Intent: California law requires us to serve a formal “Notice of Intent to Sue” on the healthcare provider 90 days before filing a lawsuit.
- Litigation: We file the complaint and begin “Discovery,” where we depose the doctors and nurses involved to get the truth on record.
- Settlement or Trial: We leverage the evidence to demand a maximum settlement. If the insurance company refuses to pay what is fair, we are fully prepared to present your case to a jury.
Frequently Asked Questions
Can I sue if I signed a consent form?
Yes. A consent form is not a “permission slip” for negligence. You consented to the risks of the procedure, not to the doctor performing it carelessly. If the doctor made a preventable error, the consent form does not protect them.
What constitutes medical malpractice in California?
Not every failed treatment is malpractice. To prove a claim, you must show that the healthcare provider violated the Standard of Care—meaning they did something a reasonably competent doctor would not have done—and that this negligence directly caused your injury.
What is the statute of limitations for medical malpractice in California?
Generally, you must file a lawsuit within one year of discovering the injury or three years from the date the injury occurred, whichever happens first. If you miss this deadline, you may lose your right to sue.
How do you prove medical malpractice?
Proving malpractice requires expert testimony. We must hire a qualified medical expert (like a surgeon or specialist) to review your records and testify that your doctor breached the standard of care. You cannot win these cases based on your opinion alone.
How much can you get from a medical malpractice lawsuit?
Economic damages (like medical bills and lost wages) are unlimited. However, California law (AB 35) limits non-economic damages (pain and suffering) to:
- $430,000 for injury cases (as of 2025)
- $600,000 for wrongful death cases (as of 2025)
These caps will increase annually.
How long do medical malpractice cases take to settle?
These are complex cases that rarely settle quickly. A typical case can take 18 to 36 months. Because hospitals fight hard to protect their reputations, we often have to go through full discovery and deposition phases before they are willing to make a fair offer.
Get a Confidential Case Evaluation
You have suffered enough. You shouldn’t have to navigate the legal system alone while trying to heal.
Contact Haffner Lawyers today. We will listen to your story, explain how the new AB 35 laws apply to your case, and give you an honest assessment of your options.
